B-141527, FEB. 27, 1963
Highlights
RUFUS WARE: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5. REQUESTING ASSISTANCE ON YOUR CLAIM FOR REFUND OF FORFEITURE OF PAY AT THE TIME YOU WERE SEPARATED FROM THE MILITARY SERVICE OF THE UNITED STATES IN JANUARY 1946. YOUR LETTER WAS REFERRED TO OUR OFFICE FOR APPROPRIATE REPLY. WAS RETURNED TO YOU OCTOBER 1. YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THAT ACT OUR OFFICE HAD NO AUTHORITY TO CONSIDER YOUR CLAIM. THERE WAS NO OTHER ACTION WE COULD TAKE IN THE MATTER. YOUR PRESENT LETTER CONTAINS NO INFORMATION NOT PREVIOUSLY CONSIDERED AND DOES NOT CHANGE THE FACT THAT UNDER THE LAW WE HAVE NO AUTHORITY TO CONSIDER YOUR CASE. WE HAVE NO OTHER CHOICE THAN TO AFFIRM THE PRIOR DECISIONS IN YOUR CASE.
B-141527, FEB. 27, 1963
TO MR. RUFUS WARE:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1963, TO THE PRESIDENT OF THE UNITED STATES, REQUESTING ASSISTANCE ON YOUR CLAIM FOR REFUND OF FORFEITURE OF PAY AT THE TIME YOU WERE SEPARATED FROM THE MILITARY SERVICE OF THE UNITED STATES IN JANUARY 1946. YOUR LETTER WAS REFERRED TO OUR OFFICE FOR APPROPRIATE REPLY.
YOUR CLAIM, ORIGINALLY RECEIVED IN THIS OFFICE SEPTEMBER 21, 1959, WAS RETURNED TO YOU OCTOBER 1, 1959, TOGETHER WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, 237, WHICH ACT BARS CONSIDERATION OF ANY CLAIM NOT RECEIVED HERE WITHIN A TEN-YEAR PERIOD. BY LETTERS OF OCTOBER 30, 1959, DECEMBER 31, 1959, AND JUNE 7, 1961, YOU WERE ADVISED THAT UNDER THE PROVISIONS OF THAT ACT OUR OFFICE HAD NO AUTHORITY TO CONSIDER YOUR CLAIM, AND WHILE APPRECIATING YOUR FEELINGS, THERE WAS NO OTHER ACTION WE COULD TAKE IN THE MATTER.
YOUR PRESENT LETTER CONTAINS NO INFORMATION NOT PREVIOUSLY CONSIDERED AND DOES NOT CHANGE THE FACT THAT UNDER THE LAW WE HAVE NO AUTHORITY TO CONSIDER YOUR CASE. ACCORDINGLY, WE HAVE NO OTHER CHOICE THAN TO AFFIRM THE PRIOR DECISIONS IN YOUR CASE.